A Selection of Precedents of Pleading Under the Judicature Acts in the Queen's Bench and Chancery Divisions: With Notes Explanatory of the Different Causes of Action and Grounds of Defence : and an Introductory Treatise on the Present Rules and Principles of Pleading as Illustrated by the Various Decisions Down to the Present Time |
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Page 8
... necessary that every defendant shall be interested as to all the relief prayed for , or as to every cause of action included in any proceeding against him ; but the Court or a judge may make such order as may appear just to prevent any ...
... necessary that every defendant shall be interested as to all the relief prayed for , or as to every cause of action included in any proceeding against him ; but the Court or a judge may make such order as may appear just to prevent any ...
Page 12
... necessary consequence of these rules which make so considerable a change in the old law and prac- tice on the subject that the largest power should be given to a judge or the Court of adding or substituting all necessary and striking ...
... necessary consequence of these rules which make so considerable a change in the old law and prac- tice on the subject that the largest power should be given to a judge or the Court of adding or substituting all necessary and striking ...
Page 27
... necessary . He is bound to state all the material facts on which he relies , and if in his facts . pursuit of brevity he omits to do so , he is liable to have his whole action or defence defeated , or , in the most favourable view , be ...
... necessary . He is bound to state all the material facts on which he relies , and if in his facts . pursuit of brevity he omits to do so , he is liable to have his whole action or defence defeated , or , in the most favourable view , be ...
Page 29
... necessary to support the cause of action ; ' for the party might not be able to state such facts ; as , for instance , he might only know such facts as would render his case demurrable , and could only state facts which would not be ...
... necessary to support the cause of action ; ' for the party might not be able to state such facts ; as , for instance , he might only know such facts as would render his case demurrable , and could only state facts which would not be ...
Page 33
... necessary to set out the agreement verbatim , but it is necessary to state whether the agreement is in writing or by parol , and if it was in writing to set it out so far as to show the effect of it . " Harris v . Jenkins , 22 Ch . Div ...
... necessary to set out the agreement verbatim , but it is necessary to state whether the agreement is in writing or by parol , and if it was in writing to set it out so far as to show the effect of it . " Harris v . Jenkins , 22 Ch . Div ...
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Common terms and phrases
accept accord and satisfaction administration agent agreed agreement alleged amount apply assigned aver bill breach cause of action charge charter-party common law contract costs covenant creditor dated debt debtor deceased deed defendant A. B. defendant says defendant's delivered demised easement entitled execution executor facts fraudulent held indorsement injury interest joinder of issue judge judgment Judicature Acts L. J. Ch L. J. Ex land landlord lease liable libel loss matter ment mortgage negligence Northern Rail notice nuisance Order XIX owner paid paragraph party payment plaintiff claims plaintiff has suffered plaintiff joins issue pleading possession premises purchase Q. B. Div Rail recover refused rent reply rule sect ship Smith solicitor special damage statement of claim statement of defence Statute of Frauds Statute of Limitations sued suffered damage sufficient supra tenant testator thereof tion trespass trustee unless Vict writ
Popular passages
Page 231 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 168 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Page 17 - All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative. And judgment may be given against such one or more of the defendants as may be found to be liable, according to their respective liabilities, without any amendment.
Page 9 - ... to the intent that in such action the question as to which, if any, of the defendants, is liable, and to what extent, may be determined as between all parties to the action.
Page 14 - ... who ought to have been joined, or whose presence before the court may be necessary in order to enable the court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added.
Page 217 - Provided always, that if the debtor, trustee, or other person liable in respect of such debt or chose in action shall have had notice that such assignment is disputed by the assignor or any one claiming under him, or of any other opposing or conflicting claims to such debt or chose in action, he shall be entitled, if he think fit, to call upon the several persons making claim thereto to interplead concerning the same, or he may, if he think fit, pay the same into the High Court of Justice under and...
Page 217 - Act had not passed), to pass and transfer the legal right to such debt or chose in action from the date of such notice, and all legal and other remedies for the same, and the power to give a good discharge for the same, without the concurrence of the assignor...
Page 487 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 449 - The advance of money by way of loan to a person engaged or about to engage in any business on a contract with that person that the lender shall receive a rate of interest varying with the profits...
Page 603 - The Court or a judge may, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court or a judge to be just, order that the names of any parties...